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(영문) 수원지방법원 2015.11.20 2014가단35095

공탁금출급권자확인

Text

1. On May 14, 2014, Suwon District Court No. 4179 issued by the Plaintiff and the Defendant, Suwon District Court Decision 4179.

Reasons

1. Facts of recognition;

A. C, which operates “B,” had a claim for the price of goods that was not paid (hereinafter “the instant claim”) against the design domain corporation (hereinafter “non-party company”), after manufacturing, supplying, installing, etc. lux materials, steel steel steel structure, steel structure, etc.

B. On March 10, 2014, the Plaintiff received the instant claim against the non-party company C within the scope of KRW 60,996,586 from C. On March 11, 2014, upon delegation of the right to transfer the claim from C, the Plaintiff notified the non-party company of the fact of the transfer by content-certified mail with a fixed date and received the notification above on March 12, 2014.

C. Since then, on March 12, 2014, the Defendant, the creditor of the instant claim, obtained the Seoul Central District Court 2014Kadan34182 with respect to the instant claim, and the said provisional seizure order was served on the non-party company on March 17, 2014.

On May 14, 2014, Nonparty Company deposited KRW 55,985,00 (hereinafter “the deposit of this case”) with the following content: (a) as Suwon District Court Decision 2014Da4179, the Plaintiff or C or C Co., Ltd.: (b) Articles 291 and 248(1) of the Civil Execution Act; (c) Article 487 of the Civil Act; and (d) Article 487 of the Civil Act; (b) notified the Plaintiff and C Co., Ltd. that the instant claim was transferred of the instant claim; and (c) served a certified copy of the provisional attachment order with the content that the Defendant provisionally attached the instant claim; and (d) deposited KRW 55,985,00 (hereinafter “the deposit of this case”).

[Ground of recognition] Unsatisfy room, Gap evidence 1-1 to 3, Gap evidence 2, 3, Eul evidence 1, the purport of whole pleadings

2. Determination

(a) The order of seizure or provisional seizure against the same claim as the transferee of the claim shall be notified of the assignment of the claim with a fixed date.